Could the apex court deliver judgement immediately despite no fresh defence submissions?

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The Apex Court Can Deliver Judgement Without Fresh Defence Submissions

The apex court has the capacity to deliver a judgement in Datuk Seri Najib Razak’s final appeal even in the absence of new oral or written submissions from his defence team. This is because the Federal Court possesses sufficient existing materials to deliberate upon, including previously filed written submissions and the petition of appeal. Legal experts suggest that the court is likely to proceed with a decision based on the records of appeal and prior arguments presented.
Precedent Exists for Proceeding Without Defence Submissions

Legal practitioners have indicated that the Federal Court can proceed with delivering a judgement without requiring fresh submissions from the defence. This stance is supported by the fact that the defence team previously filed written submissions at the Court of Appeal last year, and a petition of appeal outlining 94 grounds for acquittal was submitted on April 25 this year. These documents, along with the existing appeal records, provide a substantial basis for the court's deliberation.
Prosecution Argues for Judgement Based on Existing Materials

The prosecution, led by Datuk V. Sithambaram, has argued that the court is empowered to deliberate and reach a decision even without the defence presenting new written or oral arguments. Sithambaram cited legal precedents that allow the court to "proceed accordingly" in such circumstances. This assertion underscores the legal framework that permits the judiciary to render a verdict based on the evidence and arguments already formally presented before it.
Federal Court Comprises Five-Member Bench

The Federal Court bench hearing Najib Razak’s appeal is composed of five senior judges. This bench is led by Chief Justice Tun Tengku Maimun Tuan Mat and includes Chief Judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim, alongside Federal Court judges Datuk Nallini Pathmanathan, Datuk Mary Lim Thiam Suan, and Datuk Mohamad Zabidin Mohd. The presence of this esteemed panel signifies the gravity and importance of the proceedings.
Background of Conviction and Previous Appeal

Najib Razak was initially sentenced by the High Court on July 28, 2020, to 10 years’ imprisonment for each of three charges of criminal breach of trust and money laundering, and an additional 12 years’ imprisonment along with a RM210 million fine for abuse of position. The Court of Appeal subsequently upheld the High Court's decision and dismissed Najib's appeal against his conviction and sentence last year, setting the stage for this final appeal.

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Could the apex court deliver judgement immediately despite no fresh defence submissions?

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